Emergency Injunction Form With Two Points In Michigan
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FAQ
The case involves the so-called “one-action rule” set forth in MCL 600.3204(1)(b), which provides, as one of the conditions to pursuing non-judicial foreclosure in Michigan, that “an action or proceeding has not been instituted, at law, to recover the debt secured by the mortgage or any part of the mortgage.” Before ...
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.
Courts have held that the seven-day rule is jurisdictional. Thus, if a defendant files a request for an extension of time to file a motion for a new trial within the seven-day period, the court must rule on that motion or request within the same seven-day period.
(3) Within 7 days after the granting of the judgment or order, or later if the court allows, a party may serve a copy of the proposed judgment or order on the other parties, with a notice to them that it will be submitted to the court for signing if no written objections to its accuracy or completeness are filed with ...
Under the Barclay three-point rule for personal service, the process server must inform the defendant of the nature of the papers being served, offer them to the defendant, and leave them in the defendant's physical control.
Process may be served on a resident or nonresident individual by (1) delivering a summons and a copy of the complaint to the defendant personally; or (2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee.
